Appellate Division: Second Judicial Department

M272466

AFA/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-15122 The People, etc., respondent, v Kenny Bazile, appellant. (Ind. No. 4634/2016)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated July 27, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from a judgment of the Supreme Court, Kings County, rendered September 12, 2018. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on March 13, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

Janet E. Sabel

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Charles T. Glaws

c/o Gruvman Giordano & Glaws LLP

61 Broadway, Suite 2235

New York, NY 10006

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-3552

Attica Corr. Fac.

P.O. Box 149

Attica, NY 14011-0149